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Idaho Wool Growers v. Vilsack

The Ninth Circuit upheld the U.S. Forest Service's decision to close to domestic sheep grazing approximately 70% of allotments on which grazing had been permitted in the Payette National Forest in Idaho. The Forest Service's decision was made in response to concerns about disease transmission to imm...

Friends of Tahoe Forest Access v. United States Department of Agriculture

The Ninth Circuit, in an unpublished opinion, upheld the U.S. Forest Service's decision to allow motorized vehicles on just 62 of 869 miles of user-created roads and trails in the Tahoe National Forest. To implement the 2005 Travel Management Rule in the Tahoe National Forest, the Forest Service pre...

Krause v. Omaha, City of

The Eighth Circuit, in an unpublished opinion, upheld the dismissal of an individual's RCRA lawsuit against a city for using road salt to melt snow and ice on a street located within a flood plain. Because the road salt was released into the environment as an expected consequence of its intended use...

Northern Illinois Gas Co. v. City of Evanston

A district court dismissed a city's RCRA action against two power and gas companies concerning a methane gas leak from natural gas pipelines and waste oil contamination from a former manufacturing gas plant. Because methane gas does not meet the definition of "solid waste" under RCRA, the city canno...

Presidio Historical Ass'n v. Presidio Trust

The Ninth Circuit upheld a proposed management plan for the Presidio, a former military base in San Franciso that is now a National Park and a National Historic Landmark, that provides for the construction of a 70,000 square foot lodge. The Presidio is managed by the Presidio Trust, a wholly owned g...

Warren v. Matthey, Inc.

A district court dismissed homeowners' CERCLA, RCRA, and state-law claims against the former owners and operators of a manufacturing plant for alleged well-water contamination. The court dismissed the CERCLA claims because the homeowners failed to allege that they incurred any recoverable response c...

Center for Biological Diversity v. United States Forest Service

The Ninth Circuit, in an unpublished opinion, held that environmental groups have standing to bring a RCRA citizen suit against the U.S. Forest Service for failing to regulate the disposal of spent lead ammunition in the Kaibab National Forest. The groups allege that the Forest Service's failure to ...

United States v. Tonawanda Coke Corp.

The Second Circuit, in a summary order, upheld a coke company's convictions for RCRA violations at its facility near Buffalo, New York. The company claimed the RCRA convictions should be reversed because it lacked fair notice that its conduct was criminal. But it failed to raise this argument below....

Cascadia Wildlands v. Thrailkill

The Ninth Circuit affirmed a lower court decision denying environmental groups' motion to preliminarily enjoin a forest fire recovery project in the southern Oregon Klamath Mountains. After a fire destroyed approximately 48,000 acres of forest in Oregon, BLM initiated the project to salvage remainin...

Western Exploration LLC v. U.S. Department of the Interior

A district court denied a motion to preliminarily enjoin BLM and the U.S. Forest Service from implementing certain amendments to their resource management plans that were made to better protect the greater sage-grouse and its habitat. The amended resource management plans govern 67 million acres of ...